Defending Direct Democracy: Protecting Ohioans, the Constitution, and Grassroots Ballot Measures
Across Ohio, a powerful, historic movement is underway. We are standing up to protect our fundamental right to self-governance, defend the First Amendment, and ensure that the voice of the people cannot be silenced by state gatekeepers. At the center of this battle is our citizen-led effort to amend the state constitution, spearheaded by the Protecting Ohioans Constitutional Rights Committee and our grassroots allies. Through key federal legal challenges—most notably our lawsuit Cynthia Brown, Carlos Buford, and Jenny Sue Rowe v. David Yost (Case No. 2:24-cv-01401-JLG-EPD)—we are taking direct aim at unconstitutional statutory barriers that prevent Ohio citizens from exercising direct democracy.
The Historic Movement: Standing Up for Ohioans and the Constitution
Since 1912, the Ohio Constitution has guaranteed citizens the right to propose constitutional amendments through direct ballot initiatives. This mechanism serves as a crucial check on government power, ensuring that everyday people can enact meaningful reforms when political leaders refuse to act. However, grassroots organizers face unprecedented hurdles under Ohio Revised Code § 3519.01(A). The statute grants the Ohio Attorney General sweeping authority to review initiative summaries and determine whether they are "fair and truthful" before petitions can be circulated for signatures.
We argue that this power has been repeatedly weaponized to exercise editorial control over citizens' speech, blocking critical grassroots measures—such as our effort to end qualified immunity—from ever reaching the ballot. "The state may not exercise editorial control over speech concerning initiative petitions," federal appellate decisions have made clear. "Intrusions on petitioners' exercise of 'editorial control and judgment'... severely infringe First Amendment interests." By fighting back in federal court, we are fighting not just for a single initiative, but to safeguard First Amendment rights and restore direct democracy for every Ohioan.
Legal Strategy: Supplemental Authority and Statewide Protection
We recently achieved a major breakthrough by filing a Notice of Supplemental Authority referencing the U.S. Court of Appeals for the Sixth Circuit's decision in Welty v. Dunaway (6th Cir. Sept. 24, 2026). The Welty ruling affirmed that under First Amendment overbreadth principles, federal courts have the clear authority—and duty—to issue broad, statewide injunctions when a statute's unconstitutional applications are substantial relative to its legitimate scope.
What Welty Means for Our Case
Validates Statewide Injunctions: The Sixth Circuit upheld that when state gatekeeping mechanisms violate First Amendment rights, relief must extend beyond named plaintiffs to protect non-parties across the state.
Overcomes Narrow State Defenses: It directly refutes arguments that judicial relief must be limited strictly to named parties, paving the way for a comprehensive remedy across Ohio.
Demonstrates Ongoing Irreparable Harm: Because statutory restrictions continue to delay ballot collection and suppress public advocacy daily, broad injunctive relief is required to end systemic infringement.
Will We Be Going Back to the Sixth Circuit, En Banc, or the U.S. Supreme Court?
Because the Ohio Attorney General routinely appeals federal orders enjoining state statutes, this high-stakes legal struggle is poised to go to the highest levels of the judiciary.
- Panel Appeals & Rehearing En Banc
Before the Full Sixth Circuit When the District Court grants our requested statewide injunction, the state will almost certainly appeal to a three-judge panel of the Sixth Circuit Court of Appeals. If necessary, we are fully prepared to seek or defend a rehearing en banc before the full bench of the Sixth Circuit to protect the core principle of First Amendment overbreadth.
- The United States Supreme Court
The battle over state executive review of citizen initiatives carries national significance. Should the Sixth Circuit uphold our statewide injunction against Ohio's summary approval process under First Amendment overbreadth principles, the Ohio Attorney General is expected to petition the United States Supreme Court for certiorari. If called upon, we are fully prepared to take our case back to the nation's highest court to ensure that no state government can violate the Constitutional rights of its people.
Miss Cynthia Brown is a leading Ohio civil rights advocate, organizer, and grassroots champion dedicated to systemic justice reform and community empowerment. Organizational Leadership: Founder and CEO of Heartbeat Movement Inc., Chair and Founder of The Ohio Coalition to End Qualified Immunity (OCEQI), and Founder of The Ohio Coalition for Police Accountability and Transparency, https://oceqi.org/